61. The courts of New York have held that, as a common law matter, any operator of...
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61. The courts of New York have held that, as a common law matter, any operator of a baseball stadium must furnish each patron with a screened seat so that that patron will not be hit by batted balls. Fan, who is knowledgeable about baseball and the risks associated with it, attends a New York Yokels baseball game at Yokels Stadium. A particular seat sold to Fan by the Yokels is an unscreened seat, and Fan is aware of this fact. The ticket says nothing about the risk of foul balls. Fan sits in the seat, and is hit in the face by a foul ball. The jurisdiction still applies common-law contributory negligence. May Fan recover in a negligence suit against the Yokels?
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